Minutes 04-11-00MINUTES OF THE PLANNING & DEVELOPMENT BOARD MEETING
HELD IN COMMISSION CHAMBERS, CITY HALL, BOYNTON BEACH, FLORIDA,
TUESDAY, APRIL 11, 2000 AT 7:00 P.M.
PRESENT
Lee Wische Chairman Quintus Greene, Director of Development
Mike Friedland Michael Cirullo, Assistant City Attorney
Woodrow Hay Lusia Galav, Senior Planner
Pat Frazier Hannah Matras, Economic Research
Steve Myott Analyst
Robert Ensler, Alternate
Larry Finkelstein, Alternate
ABSENT
J. Stanley Dube, Vice Chair
Maurice Rosenstock
1. Pledge of Allegiance
Chairman Wische called the meeting to order at 7:08 P.M. and led the Pledge of
Allegiance to the Flag.
2. Introduction of Board Members/Recognition of Visitors
Chairman Wische introduced all of the Board members, staff, and welcomed the visitors
to the meeting which included Mayor Gerald Broening and his wife, City Manager Kurt
Bressner, Commissioner Black, Brian Edwards, Assistant City Attorney Nicholas Igwe,
and representatives of the Press.
3. Election of Chairperson and Vice Chairperson
Chairman Wische advised that Vice Chair Dube was not able to be present but asked
him to accept a nomination in his place (if such were tendered). City Attorney Cirullo
advised that this would be acceptable.
Chairman Wische asked for nominations for Chairperson of the Planning and
Development' Board.
Mr. Friedland nominated Lee Wische as Chairman. There being no other nominations
Mr. Friedland moved to accept Lee Wische as Chairman. Mr. Hay seconded the motion.
Motion unanimously carried 7-0.
Chairman Wische asked for nominations for Vice Chairperson of the Planning and
Development Board.
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Mr. Hay nominated J. Stanley Dube as Vice Chairperson. There being no other
nominations, Mr. Hay made a motion to accept J. Stanley Dube as Vice Chairperson.
The motion was seconded by Larry Finkelstein and carried unanimously, 7-0.
Chairman Wische thanked the Board members who supported his re-election to the
Board and expressed a desire to do what the City expected of him to the best of his
ability.
4. Agenda Approval
There was no discussion or objection to the Agenda as presented:
5. Approval of Minutes
Mr. Hay moved to approve the -minutes of the March 16, 2000 meeting. Motion
seconded by Mr. Friedland and carried unanimously, 7-0:
6. Communications and Announcements
A) Planning and Zoning Report
Chairman Wische called on Mike Rumpf for the Planning; and Zoning Report, Final
Disposition of March 16, 2000 Planning and Development Board meeting agenda items,
Mr. Rumpf was unable to present the report but offered) to entertain any questions or
concerns that people might have concerning the referenced report or agenda items.
There were no questions.
7. New Business
Assistant City Attorney Cirullo administered the oath to all the persons planning to testify
during the meeting.
A. Public Hearing
Zoning Code Variance
1. Project Name: QUANTUM PARK BUSINESS CENTER (LOTS
32-38)
Agent: Winston tee, Winston Lee.& Associates, Inc.
Owner: Gateway Business Park, L.C.
Location. Northeast corner of Gateway Boulevard and
Quantum Boulevard
Description: Request relief from Chapter 2 Zoning, Section
7.H.17 requiring a 40 -foot wide peripheral
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greenbelt where adjacent to. a residential
district, to allow a 25 foot greenbelt fora 65 foot
(approximate) segmentalong the east property
line of lot 34B.
Mr. Winston Lee, Washington Road, West` Palm Beach, fl, acting as Agent for
Gateway Business Park, L.C., took the podium.
Mr. Lee expressed that the variance request was due to zoning and uses adjacent to
residential zoning. He maintained that while it is zoned 'residential, that zoning is
antiquated in that the land use is industrial. In spite of that, the developer decided to put
the full 40 -foot greenbelt versus the 25 -foot greenbelt everywhere except for one 10 to
15 foot corner where it goes down to 26 feet.
Mr. Rumpf stated that he believed the Applicant's intent was to provide a substantial
buffer and that the variance was minor.
Mr. Finkelstein asked Mr. Rumpf if there were any plans to bring the zoning into line with
the Land Use Plan and he replied that there were not but added it could easily be done.
Mr. Finkelstein asked that the issue be pursued.
Motion
Mr. Hay moved to accept the request for relief from Chapter 2 Zoning, Section 7.1-1.17
requiring a 40 -foot wide peripheral greenbelt where adjacent to a residential district, to
allow a 25 foot greenbelt for a 65 -foot (approximate) segment along the east property
line of lot 34B, subject to all staff conditions. Motion seconded by Mr. Ensler.
Motion carried 7-0.
B. Site Plans
New Site Plan
1. Project Name:', QUANTUM PARK BUSINESS CENTER (Lots 32-
38)
Agent: Winston Lee, Winston Lee 8: Associates, Inca
Owner: Gateway Business Park, L.C.
Location: Northeast corner of Gateway Boulevard and
Quantum Boulevard
Description: Request for new site plan approval to construct
three warehouse/office buildings totaling
336,050 square feet in the Quantum Park PID on
23.56 acres...
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Chairman Wische commented that there were 34 staff comments and advised the
Applicant to limit his comments to those items on which he did not agree- or on which
further clarification was required.
Mr. Winston Lee, Washington Road, West Palm Beach, Fl, acting as Agent for
Gateway Business Park, L.C., took the podium.
Mr. Lee advised that there were three points under discussion, #1, #18 and #34.
#1 The Utilities Department suggested that the dumpster enclosures be angled 10 to
20 degrees to protect the trucks in the side lot. Applicant was able to successfully
resolve this issue with a. representative of the Utilities Department.
Mr. Rumpf stated that he had spoken to the Applicant about this issue and it had been
worked out successfully and should, therefore, be eliminated.
#18 This item deals with two easements. The Building Division language states
"Before permit review, submit a copy of _ the recorded city resolution that verifies the
easements have been abandoned or relocate buildings to avoid easements." Applicant
recommends replacing the word "review" with "issue". That way the permits can be
reviewed by the City and the City would be able to withhold a permit if the
abandonments were not in -hand.
Mr. Rumpf commented that the approval process could be quite lengthy, depending on
the number of changes that occurred, and that he had spoken with the Director who did
not have a problem with this item.
#34 The fourth sign is for the overall project and is consistent with the Quantum Park
PID sign program approved by the Board earlier this year. Mr. Rumpf clarified this by
stating that the original Master Sign Program allows the equivalent of one sign per
originally platted lot.
Mr. Myott asked to see the colored elevations and they were shown to the Board.
Mr. Finkelstein asked for clarification on the owner of the business, BGl Industries or
Gateway Business Park, L.C. Mr. Lee responded that GatewayBusiness Park L.C. was
the owner of record.
Mr. Myott, after reviewing the colored elevations, asked how many times the entry
element was repeated on the east and south elevations of Building 1? This question
was responded to by Mr. Jimmy Mayo, an architect with Corrales Group Architects in
Boca Raton, who stated that the entry element was repeated seven times.
Mr. Myott commented that after considering many different projects for Quantum Park,
many of which were not industrial, he questioned whether this building was attractive
enough to be compatible with all the other uses on Gateway such as the hotel, the
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restaurant, and the mixed-use project. Mr. Myott commented that the building was not
that unattractive but it was very Jong and flat. He asked if the Development Department
would consider any modulation in the design.
The architect responded that the entry was raised about six feet. Mr. Myott said that he
was just bringing the building's extreme flatness to everyone's attention.
Mr. Friedland commented that in the vicinity of the proposed buildings was an attractive
service station, which was part of something that, while not beautiful, was clean and
necessary. In Mr. Friedland's opinion, the proposed project was nice looking and would
fit in with the other mixed-use projects in an industrial park.. He further stated that with
all the trees and shrubbery the proposed building might have a very attractive
presentation.
Mr. Ensler commented at this point that he had driven through Quantum Park a number
of times and was concerned as he looked at the colors and wondered if there were a
color scheme for the entire Quantum Park Area. Mr. Lee responded that he did not
believe that there was a color code for the entire Park. Mr. Ensler was concerned with
the appearance of some of the buildings in theParkand how they fit in or failed to fit in
with a residential area. Mr. Ensler asked them to address the color scheme for the entire
Park, as he was concerned about it the integrity of the issue. Mr. Lee stated that he
would relay those concerns to the Architectural Review Board Committee.
Chairman Wische opened up the subject for Public Hearing. There were no comments
made during Public Hearing so it was closed.
Mr. Finkelstein asked if the landscaping met or exceeded the City's standards. Mr.
Rumpf stated that they exceeded basic standards. They provided additional
landscaping to cover Building #1 on the part that faces Gateway. The regulations only
require one tree for every forty feet.
Mr. Myott said that the building was almost 900 feet long and that it would be appropriate
to have a break in those elevations of some type. Chairman Wische noted this
comment.
Mr. Rumpf asked Mr. Lee to give an estimate of the distance on Gateway. Mr. Lee
responded that the buildings would be 90 to 100 feet apart. Chairman Wische also noted
this comment.
Motion
Mr. Friedland moved to grant permission for new site plan approval to construct three
warehouse/office buildings totaling 336,050 square feet in the Quantum Park PID on
23.56 acres in accordance with agreement on Comment numbers 1, 18 and 34 and also
subject to any other staff comments. Mr. Hays seconded the motion.
Motion carried 6-1, Mr. Myott dissenting.
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Chairman Wische commented that the Board was only a recommending body for the
City ;Commission and that the City Commission would make any finaldecisions.
Major Site Plan Modification
2. Project Name LOWES HOME IMPROVEMENT CENTER (SIGN
APPROVAL)
Agent: Robert E. Basehart, Basehart Consulting, Inc.
Owner: Woolbright Partners, Inc.
Location: Southwest corner of 1-95 and Woolbright Road
Description: Request to amend the previously approved site plan to
approve the freestanding sign design as requested by
the City Commission to be reviewed and approved by
the Planning & Development Board prior to <being
issued a building permit.
Mr. Robert Basehart of Basehart Consulting, Inc., acting as agent for Woolbright
Partners, Inc. took the podium.
Mr. Rumpf stated that this issue came before the Board months ago and there was a question
and outstanding issue regarding signage and it was approved conditioned on several items prior
to ;final approval. Mr.'Rumpf advised that the Applicant's presentation would demonstrate that
the design is generally within the parameters that were discussed.
Mr. Myott noted that the sign had been physically adjusted in size. It was 30 feet tall and 20 feet
wide and the new design looked much better.
Mr. Ensler asked if the sign were backlit; Mr. Mike Reynolds of, Loews Home Improvement
Center said that it was internally lit and would only be lit during the evening hours when it is
necessary for the sign to be seen. 1t is lit with a neon tube, which meets sign code.
Mr. Hay asked how, high the sign was and the reply was 17.9 feet high as contrasted to the
Home Depot sign, which is 20-25 feet high. Mr. Hay asked if the elevation where the sign would
be was low and the reply was yes.
There were no comments in the public hearing.
Motion
Mr. Friedland moved to accept the amendment to the previously approved site plan to approve
the freestanding sign design as requested by the City Commission to be reviewed and approved
by the Planning & Development Board prior to being issued a building permit, subject to staff
comments. .
Mr. Hay seconded the motion.
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Motion carried 7-0.
C. Subdivision
Master Plan Modification
1. Project Name: Shoppes of Woolbright PGD (Home Depot & Expo Design
Center
Agent: David Herren, Greenberg Farrow Architecture Engineering
Development
Owner: The Home Depot. USA, Inc.
Location: North of Woolbright Road and east of the L.W.D.D. E-4 canal
Description: Request to amend the previously approved PCD master plan
to relocate the Home Depot Tool Rental Center from the
South end of the storefront to thecentralportion of the
storefront, and modify and increase the overall PCD parking
area by 22 spaces.
Chairman Wische remarked that there were only two staff comments from the Fire Department
pertaining to not placing the customer pick-up zones in direct line of any egress and a
requirement for Fire lanes, LDR 23-2.
Mr. David Herren of Greenberg Farrow Architecture Engineering Development, agent for
The Home Depot USA, Inc., took the podium.
Mr. Herren stated that they would provide a break in the customer pickup lanes in front of each
door and fire lanes would be provided.
There were no public comments.
Motion
Mr. Hay moved to approve the request to amend the Master Plan to relocate the Home Depot
Tool Rental Center from the south end of the storefront to the central portion of the storefront,
and modify and increase the overall PCD parking area by 22 spaces.
Mrs. Frazier seconded the motion.
Motion carried 7-0.
D. Use Approval
1. Project Name: HIGH RIDGE COMMERCE PARK PID (MAJESTIC
GREETING CARDS COMPANY
Agent: Leonard S. Siegal, Tri-Star Building Corporation
Location: Boynton Commerce PID
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Description: Request to amend the list of permitted uses for the
Boynton Commerce Center PID to include printing; and
related warehousing and distribution.
Mr. Siegal, Tri-Star Building Corporation, agent for Majestic Greeting Cards Company,
took the podium.
Chairman Wische said that staff had approved the item and there were no staff comments.
Mr. Finkelstein said that the Board has recently gone through a similar request pertaining to the
expansion of the property off Industrial. He asked if Majestic would be using the same type of
ink that was in question in that project. Mr. Rumpf stated they would have to go through the
Environmental Review Board process as to the materials and their storage and handling
requirements.
Mr. Hay asked to know how they planned to discard toxic materials. Mr. Siegal responded that
they didnotpian to use any toxic materials and that the ink was self-contained in the machinery.
Motion
Mr. Finkelstein moved to approve the request to amend the list of permitted uses for the
Boynton Commerce Center PID to include printing and related warehousing and distribution.
Mr. Myott seconded the motion.
Motion carried 7-0.
E. Code Review
1. Project Name DWIGHT BRADDY
Agent/Owner: Dwight Braddy
Description: Request to amend Land Development Regulations,
Chapter 2 Zoning, Section 6.0 to allow operating
single food vending carts in the C-3, Community
Commercial Zoning District
Mr. Dwight Braddy, Applicant, took the podium. Mr. Braddy stated that he did not want to
obstruct traffic or cause any problems - he just wanted to provide a service.
Mr. Rumpf stated that these kinds of amendments were more difficult than others and that there
were arguments on each side. He continued by summarizing Staffs logic in deciding to oppose
this project. He said that most uses in concept are fairly well regulated' by code. In the building
code for example, we know what that building is going to look like because it is well defined in
the code and we have control over the end result. When considering a use like this we don't
really have that fine-tuned site, plan that will tell us this is what it will look like. The worst case
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was what we experienced in the County when the vendors realized the benefit of a certain type
of apparel to use in selling their wares. Staff realizes that such uses may be deemed desirable
in certain proportions. Home Depot had this use approved in the Master Plan, which went
through the formal process. They were allowed one food vending cart for the area.
Mr. Ensler asked if this request were approved how it would affect similar requests in the future.
Mr. Rumpf referred the question to Assistant City Attorney Cirullo who said that code revisions
of this nature would not be considered application-specific. If this request were granted as an
appropriate use,, that approval would not be limited to this Applicant only but to all Applicants
who were qualified to operate this type of use.
Mr. Finkelstein said he would support it if it were site-specific but not as a general change to the
zoning code. Mr. Myott said it could be an attractive element in the Marina district.
Chairman Wische mentioned that approval of this application would be giving carte blanche to
everything in C3.
Mr. Braddy stated that he had two carts, both stainless steel, clean, and well-maintained and
organized.
Mr. Friedland wondered if approval could be granted on a site-specific basis, as a one-time
thing with no change to the code? Assistant Attorney Cirullo stated that was not possible and
that the Board was considering a code revision. Mr. Rumpf said it sounded like a conditional
use and he didn't think that was appropriate for this type of application.
Mr. Myott said that a conditional use approach might work out well in the future when they would
like to approve something like this.
Mr. Hay asked if there were different rules for parks and cities? He noted that every time there
was a convention or similar meeting they always have food vending carts and these had not
been challenged to his knowledge. Mr. Rumpf said that special events were required to go
through the special event application process, which - is administered by the Recreation
Department and reviewed by numerous departments in the City.
There were no public comments.
Motion
Mr. Finkelstein moved that the. Board deny the amendment of the Land Development
Regulations, Chapter 2 Zoning, Section 6.0 to allow operating single food vending carts in the
C-3, Community Commercial Zoning District.
Mrs. Frazier seconded the motion.
Motion carried 6-1, Mr. Friedland dissenting.
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2. Project Name: MARTIN LUTHER KING BOULEVARD OVERLAY
DISTRICT
Agent: Michael RumpflCIty of Boynton Beach
Description: Request to amend the Land Development Regulation
Chapter 2 Zoning to establish a new section for
overlay zoning districts,, and establish the Martin
Luther King Boulevard Overlay District.
Mr. Rumpf stated that this issue was not completed to the point of voting at this time. He stated
that he was working on the issue and that he hoped to bring the exact language to be reviewed
at the next meeting.
Chairman Wische stated the matter would be deferred until the next meeting.
3. Project Name: ABOVEGROUND SWIMMING POOLS
Agent: Michael Rumpf/City of Boynton Beach
Description: Request to amend the LandDevelopment Regulation
Chapter 2, Section 11(E) Swimming Pools to establish
the rear setback for aboveground swimming pools as
10 feet.
Mr. Rumpf stated that the City's Zoning Code for location of aboveground pools should comply
with building setback requirements, which vary from 25 to 40 feet. Inground pools only need a
setback of 8 feet. Most property is not deep enough to allow an aboveground pool to be located
in the yards. Due to numerous inquiries from the public, Staff has evaluated these regulations
and proposed this amendment. Making the change would bring the City's regulations in line with
those of surrounding communities and be more accommodating to. those' individuals who are
opting for an aboveground pool.
Mr. Ensler thought the change might affect the use of propane for heating pools. Mr. Rumpf
replied that this would not be considered under the zoning regulations but under the Building
Department codes and standards and that any such standard_ s would apply across the board, to
in and aboveground pools. Mr. Ensler wondered how close to the property line propane could
be used. Mr. Rumpf stated that he would look into it.
There was no public comment.
Motion
Mr. Hay moved to amend the Land Development Regulation Chapter '2, Section 11(E)
Swimming Pools to establish the rear setback for aboveground swimming pools as 10 feet.
Mr. Ensler seconded the motion.
Motion carried 7-0.
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8. Other
None
9. Comments by Members
Mr. Friedland expressed unhappiness with the signage in the community. He wondered what
was happening with the murals going up in the City without the creators having come to the
Board or the Commission to ask for permission. Some of the murals were grotesque according
to Mr. Friedland. Some of the murals were lovely and were done with the permission of former
authorities. Mr. Friedland commented specifically about murals in an area that is being re -built
which will become the downtown of Boynton Beach.
Mr. Friedland also addressed the issue of non -conforming signs, which had been grandfathered
in and given five years to change.The moratorium ended 12/31/99 and many of the signs have
still not been changed.
Mr. Friedland also expressed concern about the billboards being removed from the City proper
and put on the West side of 1-95. Mr. Friedland wondered if the City needed billboards in the
community at all when other methods of getting information to the public could be employed.
Mr. Friedland addressed the Mayor and Commissioners and asked that a discussion be opened
on the subject with comment from the Board.
Mr. Finkelstein echoed the comments of Mr. Friedland on the non -conforming signs. Adding
that there had been mention made of hardship. Mr. Finklestein expressed while he also wanted
to see the signs change or come down, that he would be in favor of giving people an out rather
than having them move out west.
Mr. Myott asked Mr. Rumpf if he were keeping track of the County's architectural standards. Mr.
Myott believed that the County had better -looking buildings than those in Boynton Beach. Mr.
Myott referred to the earlier case (warehouse/office buildings in Quantum Park) and stated that
the County would not have let that much uninterrupted fagade pass. He also referred to the
self -storage on Industrial Avenue and said the County would not have passed that either. He
stated that if the Board kept letting this kind of thing go Boynton Beach would begin to look like
Fort Lauderdale. Mr. Myott did not believe that the City had any restrictions in place that really
reflect the kind of quality it would like to have in the long run. He said that the Board had just
approved a 900 -foot -long building with a fagade that is flat: There are other buildings, like that
but they are off the road and this one is not. Mr. Myott expressed disappointment that a
stronger stand was not being taken by the Board on issues of appearance.
Mr. Myott also expressed concern about the Dolphin Restaurant and the items that were
supposed to be improved that have not. Mr. Rumpf said he believed the project did not have
final sign-off'yet. Mr. Myott said that some improvement was evident but that it still did not look
very good.
Mr. Myott also commented on the Grand Night Club being painted red and wondered how that
had happened and called for stricter regulations and permitting processes in the future.
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Mr. Wische responded to Mr. Myott's comments on the warehouse/office buildings approved
earlier in the evening by reiterating that the Board is only a recommending body. He went on to
say that it was up to the Board to insist on some columns and if the Commissioners followed
through, a better building could still be obtained.
Mr. Ensler-repeated an earlier comment about the color scheme problems in Quantum Park and
invited people to drive by to see them. Mr. Finkelstein remarked that the Applicants were going
to bring the color scheme issue up to their Architectural Development Board. He also stated
that Mr. Lee sits on that Board.
Mr. Finkelstein moved to adjourn the meeting, seconded by Mr. Hay. The meeting was properly
adjourned at 8:25 p.m.
Respectfully submitted,
Susan Collins
Recording Secretary
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